FAR

On October 17, 2025, the General Services Administration (“GSA”) announced that it plans to issue a Mass Modification to GSA’s Multiple Award Schedule (“MAS” or “Schedule”) Solicitation[1] and Schedule contracts in November 2025 (“Refresh”).  Periodically, GSA may issue a Mass Modification to Schedule contracts to uniformly impose changes to the contract terms applicable to all Schedule contract holders, often as a result of changes in applicable law, regulation, or policy.  This approach also ensures that existing Schedule contracts have consistent terms, even though with the evergreen nature of the Solicitation those contracts have been entered into at different times and are at different stages of performance.

This Refresh (i.e., Refresh #30) will implement several significant changes with the goal to align the GSA Schedule with recent developments in the Revolutionary FAR Overhaul (“RFO”).[2]  Although the full text of the Refresh is not yet available, GSA’s Refresh outline provides insight into the changes that are to come as GSA seeks to gain implementation experience with the RFO clauses, provisions, and ordering procedures through its Schedule contracts.  Given GSA’s leadership of the RFO process, and this year’s Executive Order to consolidate domestic procurement of common goods and services in GSA to the extent permitted by law,[3] it is no surprise that it has acted quickly to revise its long-term government-wide contracting vehicle according to these recent developments. 

Along with the Refresh announcement, GSA opened a 10 business day comment window on buy.gsa.gov, which we expect will close on October 31, 2025.  Schedules contractors will be expected to accept the Refresh no later than 90 days from its release which is expected sometime in November.  Below we discuss relevant background on the RFO process as it relates to the Schedule and anticipated changes to provisions and clauses in the Refresh.  We will continue to watch for updates as GSA’s implementation of the RFO unfolds.    Continue Reading Overhauling the GSA Schedule

As part of the Trump Administration’s Revolutionary FAR Overhaul[1] (“RFO”), the FAR Council has released a model deviation for FAR Part 33 – Protests, Disputes, and Appeals, which includes changes that seem intended to make agency-level protests more appealing to disappointed offerors.  It remains to be seen whether these proposed changes will have the desired effect, particularly in instances where a protester wishes to subsequently re-file at GAO.Continue Reading Revolutionary FAR Overhaul Seeks to Make Post-Award, Agency-Level Protests More Enticing

On September 18, 2025, the Department of Justice (“DOJ”) announced a civil False Claims Act (“FCA”) settlement against a New Jersey shipbuilder to resolve allegations that it improperly employed unauthorized workers to work on Navy ships.  The settlement, which exceeded $4 million, is the second this year involving government contractors alleged to have employed unauthorized workers in violation of FAR 52.222-54, Employment Eligibility Verification.  With immigration enforcement squarely at the center of the current administration’s domestic agenda, government contractors should be mindful of this enforcement theory and take appropriate steps to ensure compliance and protect themselves from a costly FCA claim. Continue Reading E-Verify and the False Claims Act: An Emerging Tool in Immigration Enforcement

As part of the Trump Administration’s Revolutionary FAR Overhaul (“RFO”), the Federal Acquisition Regulation (“FAR”) Council has been releasing streamlined Parts of the FAR on a rolling basis.  We have been closely monitoring the RFO and its effects on the acquisition landscape, and publishing updates on the progress.  To date, 25 streamlined FAR Parts have been released on the RFO page of acquisition.gov, the most recent of which were released earlier today: Part 9 – Contractor Qualifications; Part 33 – Protests, Disputes, and Appeals; Part 46 – Quality Assurance; and Part 49 – Termination of Contracts.  Along with the streamlined Parts, revised definitions and contract clauses have been added to Parts 2 and 52, respectively.  And, a host of non-regulatory resources and commentary, from Practitioner Albums to Smart Accelerators is growing.

Notably, FAR Part 42 – Contract Administration and Audit Services, which includes Subpart 42.12 – Novation and Change-of-Name Agreements, has yet to be overhauled, and we wanted to take this opportunity to renew our call for reform of the existing novation process.Continue Reading Time To Overhaul FAR Part 42?  The Novation Process Can Use An Upgrade

The Office of Management and Budget (OMB) has taken the next major step toward implementing the General Services Administration’s (“GSA”) Revolutionary FAR Overhaul (RFO), submitting to Congress 16 legislative proposals aimed at modernizing federal acquisition law and easing statutory burdens on both agencies and contractors on July 16, 2025. The…

Continue Reading FAR Overhaul: OMB Sends 16 Legislative Proposals to Congress, Pushing Sweeping Acquisition Reform

On Friday, May 2, the U.S. government announced further steps in its much-discussed plan to re-write the FAR by establishing a “Revolutionary FAR Overhaul” (“RFO”) website on Acquisition.gov, issuing written guidance to federal agencies, and releasing proposed revisions to FAR Part 1 – Federal Acquisition Regulation System and Part 34 – Major System Acquisition.  This activity comes on the heels of recent presidential directives requiring agencies to examine and reform their approach to procurement of goods and services, including Executive Order (“E.O.”) 14275, “Restoring Common Sense To Federal Procurement,” and E.O. 14271, “Ensuring Commercial, Cost-Effective Solutions in Federal Contracts.”

As anticipated, the FAR re-write is spearheaded by the Office of Federal Procurement Policy (“OFPP”) within the Office of Management and Budget (“OMB”) and the Federal Acquisition Regulatory Council (“FAR Council”).  The RFO website proclaims that the re-write is “the first-ever comprehensive overhaul of the FAR” and aims to “return the FAR to its statutory roots, rewritten in plain language, and remove most non-statutory rules.”  It also will result in “non-regulatory buying guides [to] provide practical strategies grounded in common sense while remaining outside the FAR.”  In short, the goal is characterized as “faster acquisitions, greater competition, and better results.”Continue Reading Early Signs of Progress in the “Revolutionary FAR Overhaul”

President Trump has issued two new Executive Orders (“EOs”) that seek to reshape federal procurement.  The much anticipated “Restoring Common Sense To Federal Procurement” EO (the “FAR Reform EO”) seeks to “create the most agile, effective, and efficient procurement system possible” by revising the Federal Acquisition Regulation (“FAR”)…

Continue Reading Trump Administration Issues Two Executive Orders Seeking To Remake Federal Procurement

As reported and analyzed in recent posts, the Trump administration has begun implementing a number of new tariffs, including three sets of country-based tariffs (China, Canada, and Mexico) and Section 232 tariffs on steel and aluminum. We expect further announcements of reciprocal tariffs on imports from China, Canada, and Mexico, and other tariffs on specific items including lumber, semiconductors, and agricultural products. These tariffs raise significant concerns for government contractors.  We have outlined below five points government contractors should keep in mind when assessing the impact of these tariffs on their contracts.Continue Reading The Trump Tariffs and Federal Contractors: In These Taxing Times, Contractors Have a Duty To Know These Five Things

On January 15, 2025, the Federal Acquisition Regulation (“FAR”) Council proposed a new FAR Controlled Unclassified Information (“CUI”) rule (“proposed rule”) to establish uniform requirements for handling CUI with broad applicability to solicitations and contracts across the federal government.

The proposed rule, in development for roughly a decade, represents a…

Continue Reading FAR Council Proposes New FAR CUI Rule

Yesterday, the FAR Council issued a proposed rule that would update the U.S. Government’s approach to organizational conflicts of interest (OCIs).  While the proposed rule is not finalized and may change in response to forthcoming comments from interested parties, the proposed rule contemplates major changes to the FAR’s existing framework in this area.  In this post, we summarize the background leading up to the proposed rule and highlight key areas of proposed change.

Background

Continue Reading The Proposed FAR Rule on OCIs: Big Changes May Be Coming